TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88314893

Filing Date: 02/25/2019

To the Commissioner for Trademarks:

MARK: WAVELENGTH (Standard Characters, see mark)
The literal element of the mark consists of WAVELENGTH.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, The Kroger Co. of Michigan, a corporation of Michigan, having an address of
      40399 Grand River Avenue
      Novi, Michigan 48375
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Computer application software for mobile digital devices for use by grocery store shoppers; downloadable software in the nature of a mobile application that provides access to information, advice, and food databases
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 035:  Retail and on-line retail store services in the field of grocery, fresh and prepared foods, drug store and general merchandise; wholesale distributorship featuring fresh foods, groceries and a wide variety of consumer goods of others; retail department store services; retail grocery store services; retail store services in the field of groceries and consumer goods featuring a bonus incentive program for customers; customer loyalty program services featuring rewards in the form of discounted shipping services; retail services, namely, administration of a discount program for enabling participants to obtain discounts on shipping services through use of a discount membership program; retail delicatessen and bakery services; retail gasoline supply services featuring gasoline pumps; on-line and retail jewelry store services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 036:  Financial transaction services, namely, providing secure commercial transactions and payment options using a mobile device at a point of sale; charitable fundraising services; charitable foundation services, namely, providing financial assistance for programs and services of others; financial services, namely, credit card and debit card processing services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 038:  Telecommunications services, namely, delivery of messages by electronic transmission
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 039:  Packaging, transportation, shipping and delivery of household goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 043:  Restaurant services, namely, delicatessen services with in-store pick or food service for consumption on premises or carry-out; catering services; food preparation services; providing personalized planning of meals that are delivered to individuals' homes for at home self-preparation meals; providing a website featuring information in the field of recipes and cooking for nonprofessional cooks; providing a website on global computer networks featuring information in the fields of food and beverage, namely, information about recipes, ingredients and cooking information
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      Richard L. Kirkpatrick and Laura C. Gustafson, Sam E. Iverson, and all members of Pillsbury Winthrop Shaw Pittman LLP, and all other attorneys associated with the firm of Pillsbury Winthrop Shaw Pittman LLP
      Calendar/Docketing Department
      P.O. Box 2824
      San Francisco, California 94126-2824
      United States
      415-983-1802(phone)
      415-983-1200(fax)
      sftrademarks@pillsburylaw.com (authorized)
The attorney docket/reference number is 61148-503084.

The applicant's current Correspondence Information:

Richard L. Kirkpatrick

Pillsbury Winthrop Shaw Pittman LLP

Calendar/Docketing Department       P.O. Box 2824

San Francisco, California 94126-2824

415-983-1802(phone)

415-983-1200(fax)

sftrademarks@pillsburylaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1650 has been submitted with the application, representing payment for 6 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /richard kirkpatrick/   Date: 02/25/2019
Signatory's Name: Richard L. Kirkpatrick
Signatory's Position: Attorney for Applicant
Payment Sale Number: 88314893
Payment Accounting Date: 02/26/2019

Serial Number: 88314893
Internet Transmission Date: Mon Feb 25 15:12:55 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190225151255
366088-88314893-620385da1d1a161b488b03ee
f2f26379651ed98797ab4366d4c30b023f19a16-
DA-15270-20190225150607186356